INTELLECTUAL PROPERTY RIGHT

Exclusive rights given to persons over the creations of their minds for a certain period of time.

Exclusive rights given to persons over the creations of their minds for a certain period of time.

April 26th is celebrated as World Intellectual Property Day

World Intellectual Property Organisation (WIPO) established in 1967 and headquartered in Geneva, Switzerland.

These rights can be in the form of copyrights, patents, trademarks, industrial designs & geographical indications.

“Legal term used to describe the rights that creators have over their literary and artistic works.” – WIPO

Indian Copyright Act, 1957 provides protection to authors of literary & artistic works, performances, sound recordings (phonograms), broadcasting.

Main purpose of copyright law:• encourage future creativity• reward creative works• development of new materials that benefits

everyone.

Rights of copyright owners:

The creator/owner has certain exclusive rights such as:

Can copy the work Issue copies of the work to the public Public delivery of lectures or speeches etc. Perform, show or play the work in public Broadcasting of the work, audio/video or

including it in a cable program.

Duration of Copy right Protection

Literary, Dramatic, Musical and Artistic Works:

Lifetime of author plus 70 years after death. Computer Generated Works: 50 years from date of work Sound Recordings & Broadcasts: 50 years from when it was made Typographical arrangement of Published

Editions: 25 years from 1st year of publication

Scope of protection in the Copyright Act, 1957 Protects all original works of literary, music,

artistic, sound recording & broadcasting from unauthorized uses. Unlike patents, copyright provides protection to expression and not ideas.

Came into existence from Jan 1958 & was amended 5 times: 1983,1984,1992,1994,1999 and the current one being Indian Copyright Act 2012.

Done in order to bring the Act in conformity with WCT (1996) & WPPT (1996).

Infringement of Copyright

Violation of rights secured by copyright.

Primary

infringementSecondary

infringement

Salient features of Indian Copyright Act, 1957

The Copyright Act consists of 15 chapterso Chapter 1: definitions, new rights, new terms

included.o Chapter 2: establishes a Copyright Office

under the supervision of Central Govt. A register is kept to enter everything.

o Chapter 3: exists throughout India in all literary, artistic, cinematograph, dramatic and musical works. It must be first published in India and author must be an Indian citizen.

o Chapter 4: Ownership and rights of owner under the Act.

Cont…o Chapter 5: term or duration of copyright work.o Chapter 6: licensing of copyrighto Chapter 7: copyright societies (legal bodies) that

protect the interest of owners.o Chapter 8: concerned with rights relating to

broadcasting.o Chapter 9: applicability of copyright act to foreign

works obtained in foreign country.o Chapter 10 & 11: registration & violation of copyrighto Chapter 12-14: legal actions and criminal offences

under violation of Copyright Act.

THANK YOU..